Like motor vehicle collisions, dog bite cases are not uncommon. Just as drivers are held responsible for the injuries they cause if they negligently cause a wreck, dog owners are held responsible if their dog bites someone due to the owner's negligence or if the dog is known to be "vicious, dangerous or mischievous." However, one of the more bizarre outcomes of a dog bite case was seen recently. The Texas Supreme Court dismissed the case under a constitutional doctrine that most of the public has never heard of and even most lawyers would only vaguely remember from their first year of law school-the "political question" doctrine.
On June 17, 2018, a tragic crash occurred in a small Texas town resulting in multiple injuries and fatalities. Five undocumented immigrants were killed in a Texas car crash while being chased by border patrol agents and a sheriff's deputy. The accident occurred in a town near Big Wells about 50 miles from the Mexican border and 100 miles southwest of San Antonio. A total of fourteen people were inside the SUV and many of them were ejected out of the vehicle when it rolled onto the highway.
In recent years, trampolines on average have caused approximately 100,000 injuries annually in the United States. Between 2001 and 2011, approximately 300,000 broken bones were reported from trampolines, and almost one million emergency room visits. Of those who visited the emergency room, approximately 37% were young children, and 15% were below the age of six. The most common injury is spine and leg fractures.
Since 2006, twenty-eight people have been killed by carbon monoxide poisoning. Some victims have left their cars running in the garage, which allows carbon monoxide gas to get into their homes. Another forty-five people have suffered debilitating injuries.
In a rare 5-4 decision issued without hearing oral argument, the Texas Supreme Court dismissed a wrongful death suit filed against the City of San Antonio by the widow of a motorcyclist who was killed in a high speed chase with the San Antonio Police Department. The widow had not provided the City with notice required under San Antonio's City Charter and under the Texas Tort Claims Act, and while there is a statutory exception for "actual notice," the Supreme Court held that San Antonio did not have actual notice under the existing case law even though there was a policy crash report detailing the accident and listing "Fleeing or Evading Police" as a contributing factor. The case, City of San Antonio v. Tenorio, and the dissents offered by four of the justices, are informative for anyone interested in the rights of Texans to seek compensation when they are injured by the government.
A woman, identified as "Jane Doe" in court records, has obtained a $6.45 million judgment in federal court against a former boyfriend, David K. Elam II, for accusations that Elam posted intimate photos of her as "revenge porn" online. Revenge porn is online harassment that occurs when former lovers or hackers post sexually explicit images of people online without their permission. In this case, the court found that Elam was liable for the injuries caused by his "systematic revenge porn campaign" and ordered him to pay damages to Doe.
Nearly two-thirds of American adults use social media. However, when it comes to a lawsuit, defense lawyers and insurance companies are using social media more and more frequently as a tactic to diminish or devalue one's case. Here are some tips:
The family of a 72-year-old woman with Alzheimer's is suing Charter Communications and DCOMM Inc. after the woman, who is not named in the lawsuit, was raped last year while having communications services set up in her home.
A business owner in Bridgeton and a homeowner in St. Ann have filed lawsuits pursuing compensation for damages they say were caused by the negligent handling of radioactive waste at West Lake Landfill and at storage sites along Coldwater Creek in north St. Louis County.
On June 20, 2015 a 20-year-old college student, Charneshia Corley, was pulled over by Harris County Sheriff Deputies for allegedly running a stop sign and failing to use a turn signal. While the Deputies interviewed her, they claimed to smell marijuana emanating from her car. After thoroughly searching Ms. Corley's, they found nothing. The Deputies then decided to conduct a visual strip search and a manual body cavity search of Ms. Corley. The entire 11 minute search was caught on tape by the car cam.